The Geographical Indications Coexistence with Trade Marks
摘要
This chapter explores the coexistence of GIs and trade marks. It examines the decisions rendered by the EUIPO Board of Appeal on GIs, particularly in relation to the absolute ground of refusal under Article 7(1)(j) EUTMR. It also deals with the role of GIs in inter partes proceedings, analyzing a series of decisions, including Campo Verde, Toro de Piedra, and Chenine Brut Premium Cava Bottle, Colombiano Coffee House, Romeral de Jabugo, Marqués de la Mancha and Padrón Auténtico. Through these cases, it sheds light on the scope and extension of GI protection in trade mark disputes, providing valuable insights into the complex interactions between these two intellectual property rights. Some procedural situations related to GIs in EUIPO Appeal proceedings have been described as well in this chapter. In addition, the examination of the Darjeeling tea case will show how the interplay with collective trade marks can weak the GI. This part ends with an attempt to explain the differences with collective and certification trade marks.